Article

False Domestic Violence Allegations are More Common Than You Think

Domestic violence isn’t something to be taken lightly. However, that doesn’t mean every domestic violence allegation is true. It’s a sad fact that false domestic violence allegations are common occurrences. All too often, someone is wrongly accused of domestic abuse.

In divorce cases, a domestic abuse allegation can completely change the outcome. And making an allegation is simple. Because they provide immediate protection for someone facing a genuinely abusive situation, protection orders don’t require much evidence of abuse. Find out just how often people make these false accusations and why they do it.

Getting A Protection Order Against Domestic Violence

Getting a protection order against someone is as simple as telling a judge that you feel like you are in danger. Without any actual proof, a judge can grant you an immediate temporary restraining order. And while that’s great news for someone who is in a harmful position, it’s terrible news if your partner has wrongly accused you.

So how low is the burden of proof for a restraining order? Surprisingly low. It’s called a preponderance of evidence. The accuser must prove that it is more likely than not that there was violence against the accuser. The accused individual doesn’t get a chance to defend himself in court. That’s because a protection order is given in an emergency situation; there is no court hearing. In fact, you can receive a temporary restraining order without knowing that someone has taken action against you.

Of course, you will get a chance to speak your mind in court. But it might be awhile. It can take weeks or even months before you can make an appearance in court. And once you’re in court, the law isn’t necessarily on your side. Domestic violence is a broad term. In 32 states, the definition of domestic violence includes more than just physical violence. It also involves situations where someone is scared, apprehensive, or experiencing emotional distress. Proving emotional distress isn’t the most difficult thing to do. Fighting a protection order takes an experienced lawyer, and it takes time to remedy the situation.

How does it affect your court case?

False domestic violence allegations are particularly harmful when you’re in the middle of a custody dispute. A protection order could force you out of your home, leaving your partner as the primary caretaker of your child. This could impact a judge’s custody decision. In 48 states, a judge must consider domestic violence allegations in a child custody case. At the very least, the judge needs to consider the allegations.

Financially, these allegations could cause you some serious trouble. First, there’s the cost of finding a new place to live on short notice. Then, there’s the cost of child support, spousal support, and even payments towards your previous home. There’s also the cost of extra legal fees to fight the protection order. The financial strain can really take a toll on you. Not only does this damage your finances, but it can also damage you in your battle for custody.

Even if a judge finds that the protection order was unnecessary, it may be too late to avoid damage. Temporary protection orders may show up if a future employer does a criminal background check, and your potential employer may hold that against you. In any situation, false domestic violence allegations are harmful.

False Domestic Violence Allegations Statistics

These false allegations do occur, but how common can they be? Sadly, they are more common than you might think. In 23% of divorce cases, one of the parties makes an allegation of domestic violence against the other. Most of the restraining orders that result from these allegations are against men. 85% of all restraining orders are against men. One study estimates that 70% of restraining orders are false or trivial.

Police wrongly arrest about 700,000 people for domestic violence every year. It’s an alarmingly high number, and those people don’t always find justice.

How To Handle The Situation

If someone has wrongly accused you of domestic violence allegations, you need to take action right away. Waiting too long can do irreparable damage. The first thing that you should do is find a qualified attorney. Tell him everything that you experienced and give him all the information you have on your pending charges. You should wait for advice before you take any other action, or you may risk doing damage to your court case.

Once you’ve spoken to a lawyer, you should put together some evidence that supports your case. Go through your phone records and look for anything that can prove your innocence in court. Look for any threats made by your partner, or anything that might show a hidden motive for the false domestic violence allegations. Additionally, look for witnesses who can support your case and testify against your partner.

Most importantly, don’t allow your anger to take control. It’s natural to be upset over false allegations, but saying something out of frustration can lead to even more trouble…especially if you say it in court. Stay calm and cool, and listen to your lawyer.

Criminal Defense

Military Defense

Reviews

John Calcagni is the best of the best. I retained him multiple times to represent me in various military matters, to include administrative separation. John is an expert in his field. He is knowledge, professional, caring and aggressive. He has obtained nothing but top results and success on my behalf. I recommend him to anyone in need of legal representation. If you want the number one lawyer in your corner, John is your man.

Andrew Michaud

13:21 21 Sep 18

I had the pleasure of working with John and his team this past year and I couldn't be happier with the service I received. John and his team were professional, courteous and most of all incredibly effective. If I ever need legal services again I will definitely engage John Calcagni and his outstanding team again.

MARY DEBELLO

18:23 11 Sep 18

I highly recommend John Calcagni and his team. My daughter attends college in RI and we live in NY. She found herself in trouble and was arrested on a Disorderly Conduct matter. Our good friend is an attorney in NY and when we realized he could not represent us in RI he found a colleague who highly recommended John. From the first conversation with John, who responded to my initial message immediately, I knew we would be in good hands. He answered all questions and explained the process in as much detail as needed. He was very confident that he would get the charges dismissed. He worked closely with my daughter (his client) while keeping in touch with us, the parents. John was always attainable to us via email, text or phone call and took his time to be sure we understood each step of the case. John delivered the outcome he promised and exactly what we were looking for, we couldn't be more pleased. I would not hesitate to recommend him and (god forbid) I need assistance with the law in RI again, he would be the first call I make!! Thanks John for everything you did for our daughter!!! Mary and Wayne DeBello

Jen Marie

22:33 23 Jun 18

I don’t know where to begin! When I first met with John, I immediately felt like I was in good hands. He is charismatic, funny and really takes the time to get to know you and get a feel for your case. He was very detail oriented and thorough and worked with me for almost two years. Through this exhausting and stressful process, he made me feel comfortable and made sure I understood what was going on every step of the way. I am so thankful I went with John and would absolutely, without a doubt recommend him to anyone who needs help.

John Madden

18:11 05 Sep 18

I'm an active duty soldier and I got a DUI. I deserved the penalties and reprimands but I did not deserve to loose everything. When I was notified that I would be facing a QMP board for separation I knew I had to do all I could to fight back against it for myself and for my family. I am extremely grateful for John and his team. I had no idea about the list of standards I was up against that the board would use to determine weather or not I could keep my job and continue to support my family. Mr. Calcagni systematically itemized and proved beyond a doubt that I met and or exceeded each standard giving the board a clear picture that I still hold value to the Army. He took my personal side and my professional side along with all the legal points and drafted a rebuttal that saved my career. Had I attempted to go against the board on my own I would have surely been denied. Not because I deserved it, but because it is a battle that soldiers are not equipped to deal with on their own and the Army provides zero support. It's terrifying to think back about all that I was up against that I didn't even know about. John and his team come highly recommended and I can't thank them enough for leveling the playing field and placing the control of my career back into my hands. My family and I are forever grateful.

Mr. Calcagni is an absolute LIFE SAVER!!! He is genuinely one of the most intelligent people I have ever met in my life! He masterfully saved my husband's naval career TWICE when we thought all hope was lost at a command where bias and dishonesty rule. My husband and I are forever in his debt and there is not enough we could do or say to show our gratitude. He has a big heart and he fought hard for our family. We would recommend him a thousand times over!!!!